After completing military service for their country, many veterans seek the medical assistance and VA benefits they were promised. All too often, however, it is very hard – sometimes impossible - to get the VA to pay veterans the benefits they are due. And, it often takes many years just to get through the VA claim process. Many claims are denied and many other claims are awarded the lowest possible rating on the first try.
Veterans must not give up. The two most important things you can do are to keep fighting, and to hire an attorney who can help you fight through the VA claim process
The law firm of Manring & Farrell is dedicated to helping individuals obtain both Social Security Disability benefits and Veteran's Disability benefits. We will prepare you for what to expect in your claim. And, after you have received your first rating decision, we can help file your appeal, get as much evidence as necessary to make your claim as strong as possible and help you through the appeal process. Call 1-800-660-3066 (Ohio only), or contact us by email at this link.
VA DISABILITY COMPENSATION – Service Connected Benefits
Veterans who served in the active military and received an honorable or general discharge are allowed to be evaluated for a medical disability which occurred during the time in service or which was aggravated by that time in service. The disability can be small, as low as 10%, or can be up to 100%, or “individual unemployability.” Depending on the percentage of disability he or she has, a veteran is entitled to monthly, non-taxable benefits for that disability.
Sometimes these benefits are called “disability compensation” or “service-connected disability benefits.” These benefits are payable for disabilities that are caused by either sickness or injury during military service. Almost every injury, illness or condition suffered in connection with, or made worse during, military service can be considered "service connected." For example, your disability may be caused by something that happened while you were on active duty, or it may be due to a condition that you had before you were in the military, but was made worse by your service. Even injuries that occurred off base, on leave time, or under other circumstances may be covered as “service connected” if they happened while in the military. It is not necessary that your medical condition is related to combat or military duties .
ELIGIBILITY
When deciding if a veteran is eligible for service-connected disability benefits, the VA first reviews the character of the military discharge when determining eligibility. Generally, you will qualify for compensation benefits if you received an honorable or general discharge. Usually you are not eligible for benefits if you received a dishonorable discharge.
Since service-connected disability benefits or disability compensation benefits are not based on financial need, your income or assets do not affect whether you can receive benefits. This means you can receive compensation benefits even if you are working, or if you are receiving other types of income, such as Social Security disability benefits.
REQUIREMENTS
There are three basic elements that must be established for a successful claim:
- You must have evidence of a current physical or mental disability. This requires a medical diagnosis of your condition;
- You must show that an injury or event occurred during service which caused or aggravated your disability, and;
- You must establish that your current disability is somehow connected to the injury or event during service (certain types of physical and mental impairments are presumed to be service connected).
Some disabilities can be service-connected even though they are not directly linked to an injury or event during service. For example, if you suffered a leg injury during service and then developed a back problem because of chronic leg problems, you should file claims for both your leg and your back. And, if the pain over the years finally causes depression, you should also file a claim for the depression too, as that may also be a service connected disability.
RATING YOUR DISABILITY
Once the VA determines that you have a service-connected disability, the VA will rate the severity of your disability using a percentage scale from 0% to 100%. You do not have to be “totally” disabled in order to receive benefits, but you must have at least a 10% rating to receive monthly payments, and at least a 30% rating to qualify for benefits for your dependent spouse, children or parents.
If you have more than one service-connected disability, the VA will rate each disability separately and combine them to give you an overall disability rating. Higher percentage ratings mean higher monthly payments. The amount of compensation you will receive for a veterans' claim depends on many things, including the severity of your injury and whether or not you have children. As of December 2009, a veteran alone, with no dependents, can receive between $123 and $2,673 in disability benefits each month. Additional benefits may be available if there is a spouse or children.
VA DISABILITY COMPENSATION – Non-Service Connected Benefits
Some veterans have a physical or mental disability, but the disability condition is not specifically connected to an injury or event which occurred during the time the veteran was still in the service. For this type of claim the veteran still must have a current disability and must have served for at least 90 days on active duty, with at least one of those days served during wartime. The veteran must still show that he or she was discharged from service under conditions otherthan dishonorable.
Non-service connected disability benefits are based on financial need, so your income or assets may affect whether you can receive benefits. The veteran must have limited assets and his or her countable family income must be below a yearly limit set by law (the yearly limit on income is set by Congress). The veteran must also be 65 or older, OR, the veteran must show he or she is permanently and totally disabled, not due to his or her own willful misconduct.
Reopening Old Claims
Many veterans filed a claim for service connected benefits but have not been able to get the government to acknowledge their claim was valid. If your first claim was denied more than one year ago and no appeal was filed, you should not give up. There are other ways to get the benefits you money are owed. The VA will reopen a final denial of a service connected disability claim under 2 main circumstances. First, if you can show the VA that a clear and unmistakable error was made in your claim that affected the previous. This type of claim is very difficult to prove as a claimant. However, if you succeed, your start date for benefits will be the original date you filed your claim. A second way to reopen an old case is to provide the VA with what they call "new and material evidence." The major drawback to reopening an old case this way is that you can only receive benefits from the date you filed your claim to reopen the case, not from the date you originally filed your claim.
Useful Links:
